How to Maintain Your Brand - Trademark Registration, Litigation, and Renewal


Published on

There are always being seen that one company did a fraudulent activity to another, may be with trademark, patent or under any other ipr services. In order to come over with these illegal activities there are several types of power tools have been established by the government to protect your unique creation or services at the international level.

Published in: Business
  • Be the first to comment

  • Be the first to like this

How to Maintain Your Brand - Trademark Registration, Litigation, and Renewal

  1. 1. Why Company registrations is important for your Business and its Legal Aspects company registration has become an important factor due the companies act and hence everyone is looking forward to it. Registration number of the company in India needs to befollowed by a special process. New business registration is always advisable as it would benefit the legal organization.The company is a separate legal entity, registered under the Act. Each country has a different procedurefor the registration have. In India, companies under the Companies Act 1956th Join the incorporation isnot an easy task.Registration number of the company in India needs to be followed by a special process. New businessregistration is always advisable as it would benefit the legal organization. Establishment of the companyis another major concern. company formation will help the companies in India.Ministry of Corporate Affairs has set-up relief centers in India to companies through their registrationrecord company licensed centers. Anyone can register companies in India to directly contact one of theapproved centers.Registered in India is regulated and governed by the Companies Act, 1956 and administered by theMinistry of Corporate Affairs by the Office of the Registrar of Companies (ROC) in each state. Types ofcompanies that may be registered in India are private companies and public companies. The companylaw will begin admission procedures in India with the filing of the application with name ROC. One time,the company awarded to company registration documents will be prepared and submitted to therespective ROC for registration. Up to a review of the documents in one or two days ROC recognizedcompany and issue statutes.Registrar of Companies, India is a well known, the most demanding and perceptual organization toprovide comprehensive information and advice on various types of smart new company registration inIndia. The application form must be sent to the Registrar of Companies to form a company in India. Weprovide information on business information, creation of new businesses, services, registration ofprivate limited company wholly in India and more.But with the help of the online company incorporation the anxious moments during the work is nowseeming a lot easy and comfortable. There are many reasons that make it compulsory to register thecompany name.A trademark is a type of intellectual property ipr, and usually a name, phrase, word, logo, symbol,design, image, and a combination of all these elements.
  2. 2. A brand helps consumers identify and purchase a product or service because its character and value,point to by its only one of its kind trademark, to meet their requirements. Registering a trademarkprotects the owner of the goodwill of the companys brands. Therefore, to help the brand to thecommercial value of goods or services applies, and increased marketing.copyright registration in India or abroad gives manufacturers a wide range of materials, such asliterature, art, music, sound recordings, films and broadcasts, economic rights enabling them to controlthe use of their material in a variety of ways, example, making copies, issuing copies to the public,conduct and public use of online broadcasting. It also provides the ethical privileges to be recognized asthe maker of convinced type of material and object to its deformation or destruction.We all know the importance of trademark, is kind of logo, design, symbol, image with small text orcombination of these elements. In the corporate sector trademark is one of the distinctive sign used todistinguish various similar products and services offered by the different companies. In domestic as wellas international level, these trademarks are generally used to promote different goods and services.trademark registration , tm name registration, trademark logo registration is one of the process offollowing rules and regulations in order to register the unique logo or symbol for a particular company.In corporate market it is very important to get unique trademark in order to maintain brand name andgood will in the international capital market. Different countries comprise the different rules andregulations for trademark registration. In developing countries like India, you will find various types ofipr law firms that offer complete solution to corporate rules and regulations for all types of businesshouses. While registration of a particular trademark, one has to mention a types of trademark whetheris to be sign, symbol, logo or combination of these different elements. Along with this one has tomention company name, addresses of business houses and its branches, nature of business and lotsmore.A trademark is usually registered for the period of 15 years that must be stated for renewal before theperiod of expiry. Trademark and patent renewal renewal involves few steps including registrationnumber of the trademark creature renewed, name and address of the payer and finally the sum paid.These three steps will bring you with the trademark registration. The violation or disregard the act oftrademark registration up grows the situation of trademark litigation. In this competitive market,trademark litigation is among the common fraud done by the most of the business houses. Trademarklitigation is the process of claiming a dispute that arises on the distinctive configuration of a trademarkthat has been infringed. Sometimes it also takes a situation of trademark infringement that arise asituation of violation of trademark registration act without taking a permission of trademark owner.To come over with these problems, every country follows the rule of trademark filing that protectsone’s trademark from being exploited. Under this scenario, trademark prosecution plays an importantrole where you have to submit an application of trademark registration along with three copies of TM-1,statutory fees and five copies of additional representation. After six to seven months from thesubmitting of a trademark application an examination report is provided by the trademark registry infavor of particular business house. This application needs to be submitted before the mentioned date tothe office of trademark registration. Before involving in these processes it is suggested to get in touch
  3. 3. with reputed and well known ipr law firms in india in order to accompanied all types of ipr law services.As this is one of the powerful tools of the corporate market that needs to be protected from beingcopied or misuse. Therefore, be follow with all the rules and regulations in order to get your trademarka name protectd.A trademark is popularly recognized as brand name, is a visual mark in the form of a word or a device ora label applied to the commercial goods or service to enable the consumer public to identify onetrader’s goods from same goods of other traders. The Trademark Act & Trademark Rules seeks to grandfor the trademark registration of trademarks relating to goods and services in India. The rights grantedunder the Act, are working in the entire of India. The marks devoid of any unique character, or which areonly indicative of the variety, superiority, quantity, purpose, value or geographical origin of the goods,or which are marks already in trend in the trade due to their customary use may not be registered.trademark registration gives the authority of its genuine owner and they can go for legal proceedingsagainst its copied and misuses. The company can file trademark litigation action as a part of intellectualproperty rights. The company has right to banned identifiable mark used by others in any place of thenation as they are the right authority of it. Every country has exclusive symbols to signify the company inthe national and global market. The unique identity helps of its consumer to distinguish products of theircompany with other company. As per the rules of patent litigation of laws, “company can follow properprocedure of legal action against the misuse or duplicate copy of patent application”. The litigations actcome under civil lawsuits. It provides the facility of company in making their individual identity and tosolve disputes controversy and issues.The Trademarks Act, 1999 provides security to the owner of a trademark and imposes criminal liabilitiesfor the infringement of the trademark owner’s rights. To enjoy protection, the owner of a trademarkmust register the Trademark in Registrar of the trademark registration in india. The Trademarks Act isalso applicable to the security of certificate marks, service marks and collective marks. The Trade MarkRegistry Office executes the statutory duties in connection with the registration of Trade mark and otheractivities related thereto. Trade Mark offices are situated in Ahmadabad, Chennai, Kolkata, Mumbai andNew Delhi.Generally, brand refers to the trade mark used to identify the goods or services among the consumers.The business law firms group sells their services or goods under the particular name or brand that iscalled trade mark. Therefore, the brand registration is useful to avoid the duplication or use the samemark by others. Brand registration is most favorable services in the corporate sector.The patent is the unique act, which allot to the inventor, the right of exploiting its object exclusively,during a determined period of time. patent registration means that the invention cannot becommercially used, made, distributed or sold without the patent owners permission. An owner of thepatent has complete right to decide who may - or may not - use the patented invention for the period inwhich the invention is protected. The patent owner has power to permit or license, other parties to usethe invention on mutually agreed terms.
  4. 4. Trademark refers to a distinctive sign or indicator used by an individual, business organization, or otherlegal due diligence entity to assign their identity and rights over the products or services. The trademarkcould be in the form of a symbol, a sign, a logo design or an image that serves as a marker ofdifferentiation from other similar stuff in the market; therefore the trademark ought to be original. Thetrademark designation can be made using symbols such as ¦™ (for an unregistered trade mark, that is, amark used to promote or brand goods), ¦? (For an unregistered service mark, that is, a mark used topromote or brand services) and ¦® (for a registered trademark). The trademarks are awarded by aGovernment body, which looks after trademark registration. Once the owner of a product or serviceshas registered his or her trademark, she or he has legal rights over it. If someone tries to copy thetrademark, a legal case through trademark litigation can be slapped on the offender. Legal proceedingsfor trademark infringement can be initiated on the basis of appropriate and suitable laws. In the US, atrademark is used with regard to services rather than products may sometimes be called a service mark. The primary function of a trademark is to identify the exclusivity of the source from where the productor service has originated. After registration the product owner enjoys exclusive rights over his or hermanufactured good or service provided to the customers. There prevails a system of classification by theInternational (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods,and 35 to 45 services). The idea behind this system is to indicate and limit the extension of theintellectual property rights by the determination of goods or services to be covered by the mark, and tounify classification systems around the world.Each country has its own set of trademark registration laws and procedures and processes. In the US,there are several steps preceding trademark receiving its Certificate of Registration. First of all theapplicant has to file a trademark application for the respective trademark. The application is thenthoroughly examined by the U.S. Patent and trademark office to pass it, a process which could takeanywhere between three to six months. The application after successfully crossing this step goes to theOpposition, to see that no third part stands violated be the trademark under consideration. Once thethird part issues a no offence to the trademark, it goes for registration under the law offices.Other countries too follow a process of trademark registration which is not substantially different fromthe US. Most trademarks follow under certain jurisdiction, outside which they do not get an umbrella oflegal protection. However, a range of international trademark laws and systems have been establishedto which facilitate the protection of trademarks in more than one jurisdiction.As the USPTO in the United States, there is a database of registered trademarks in every country whichoffers free trademark search. There are also some fine international laws for patent registration ofgoods and products.patent drafting Application
  5. 5. Patents are a form of intellectual property. When an individual or a company, designs or innovates aunique and novel invention, they can seek exclusive rights of preventing others from selling, making,distributing or using the unique invention. Patent laws are different in different countries but patentsare granted based on the novelty of the product or process. patent registration is prescribed under thePatent Act. A patent registration application can be filed in a patent office by the inventor, patentapplicant or a registered patent agent. The process can be tiresome hence taking professional help froman agent is a good idea.Trademark Registration ApplicationTrademarks are designed to identify and distinguish the products or services of a company from allothers. Trademarks stand for quality and consistency and are like a face of the company. Peoplerecognize and identify with the companies through their logos. Trademark registration is important tosecure it from all infringements. trademark application and registration can be filed with the TradeMarks Registry and should be renewed every ten years. Trademark application is filed along with aregistration fee. Trademark registration application can be filed online too. If the company satisfies therules under the trademarks Act, the trademark is registered and secured.Copyright RegistrationCopyright registration is done to secure the rights of any type of work, for example literary, musical,computer software, dramatic, architecture etc . The objective of copyright registration is to have averifiable and valid account of the content and date of the relevant work, so that if anytime in future,the content of the work is copied in parts or whole, the creator can produce the original content fromthe official government source. Copyright registration with intellectual property law firms and is doneunder the copyright Act. One can consult a registered agent to help with the registrationThe number of small businesses has grown manifold. Several bright minds are coming up withinnovative ideas and deciding on running their own business rather than working on a pay roll. Newercompanies are being set-up and are being run efficiently after llp registration. After deciding on themission and vision of the company which may comprise of a group of like-minded people, the next stepis to register the Memorandum and Articles of Association with the State Registrar of Companies of thestate in which the main office of the company is to be built or located. company registration is doneunder the Companies Act of 1956.
  6. 6. PCT & patent filingAll patents are a form of intellectual property and should be protected from unauthorized selling,making, using or distributing the novel and unique invention in parts or whole. The patent cooperationtreaty being an international law treaty lists down procedures for all patent applications. pct filing ismade with a Receiving Office in just one language. A search is then done by the International SearchingAuthority for the patentability. An examination is done by the International Preliminary ExaminingAuthority and then finally the patent is issued by the regional authorities. The procedure can be quitetiresome; hence professional help is a good idea.Copyright, the operator of India offers a wide range of materials and other services to the financial ormaterial to give them the right to control use of their material in different ways to grant or copies to thepublic, radio, or use online for the public. Furthermore, registration of copyright in India also offers amoral to the maker of positive types of materials and also to oppose the mutilation or distortion. Theresources are secluded by copyright & copyright registration in India gives registrants copyright forfinancial benefits for their efforts and thus further promote the creativity. Copyright services in Indiawould be automatically protected from copyright material, if properly and legally registered gives allrights to the materials themselves. Therefore, be sure to select the agent correct copyright in India whocan legally and successfully complete the submission of intellectual property services in India.The question, however, is that you need to show that you own the copyright to the work. Copyrightregistration provides unprecedented evidence. If you decide to hire a lawyer or law firm india to registertheir copyrights, then you may also receive legal services that might be useful. For example, if somebodysteals your idea, which already has a qualified attorney to defend property rights in court. Similarly, if animportant person looks to claim he stole their idea, so you have a defense lawyer, who was directlyinvolved in the process of copyright registration. More protection for lawyers, you can add, it is likelythat copyright is served well.A trademark is usually taken for a period of 15 years, it has to be said for the renewal before thedeadline expired. trademark renewal is only a few steps, including the registration of the mark renewedcreatures name and address of the client and ultimately the amount of the deposit. These steps are totake you with trademark registration. Offense or ignore Action trademark registration trademarkdisputes growing situation. In this competitive market is a trademark of disputes between the commonscams by most business houses. Trademark disputes is the method, an argument from the distinctiveconfiguration of a mark has been breached calls. Sometimes it is also a position is taken on the violationof trademarks, trade a situation of violation of trademark registration, without a license from thetrademark owner. New company registration is the basic step to determine the structure of a company and it is an entitythat enjoys legal. In this way the company can start doing business in india, new companyregistration can be done physically or by electronic means filing the necessary documents and putforward the necessary details together with the mandatory duty to Companies House, which is thecompetent authority.
  7. 7. Online trademark search is important because you must choose, if another company is already themark identical or alike to the corporation or manufactured goods name, you have to use. Free onlinepatent search & can help you complete information about trademarks.Comprehensive Trademark search India plant those where the search in India Trademark Registrydatabase, which includes all issued & Trademarks Until trademark applications in the Official Journalpublished or unpublished covers. Thank You Address: Global Jurix LLP Law Firm India S-191 C, 3rd floor, Manak Complex School Block, Shakarpur New Delhi - 110092 Tel: +91-11-3202-3503, +91-11-2248-1711 E-mail: